| Pamela K. Johnson Nicholas L. Johnson Sr. ![]() Maryland Office 240-629-3700 Pennsylvania Office 717-338-3406 Cellular Nick 717-226-4905 Pam 717-226-4907 |
Nicholas L. Johnson Sr. and Pamela K. Johnson Licensed Maryland & Pennsylvania Realtors Associated with long&foster realt Estate Inc Gettysburg, Pennsylvania - - - - - Frederick, Maryland
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Pennsylvania Real Estate Consumer Notice
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PA Consumer Notice explains Agency Relationships
CONSUMER NOTICE - THIS IS NOT A CONTRACT
Pennsylvania Law requires real estate brokers and salespersons (licensees)
to advise consumers of the business relationships permitted by the Real
Estate Licensing and Registration Act. This notice must be provided to
the consumer at the first contact where substantive discussion about real
estate occurs.
Before you disclose any information to a licensee, be advised that unless
you select an agency relationship by signing a written agreement providing
for such a relationship, the licensee is NOT REPRESENTING YOU. A business
relationship of any kind will NOT be presumed but must be established between
the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following
duties:
Exercise reasonable professional skill and care which meets the practice
standards required by the Act.
Deal honestly and in good faith.
Present, in a timely manner, all offers, counter offers, notices, and communications
to and from the parties in writing.
The duty to present written offers and counteroffers may be waived if the
waiver is in writing.
Comply with Real Estate Seller Disclosure Act.
Account for escrow and deposit funds.
Disclose all conflicts of interest in a timely manner.
Provide assistance with document preparation and advise the consumer regarding
compliance with laws pertaining to real estate transactions.
Advise the consumer to seek expert advice on matters about the transaction
that are beyond the licensee's expertise.
Keep the consumer informed about the transaction and the tasks to be completed..
Disclose financial interest in a service, such as financial, title transfer
and preparation services, insurance, construction, repair or inspection,
at the time service is recommended or the first time the licensee learns
that the service will be used.
A licensee may have the following business relationships with the consumer:
Seller Agency:
Seller agency is a relationship where the licensee, upon entering into
a written agreement, works only for a seller/landlord. Seller agents owe
the additional duties of:
Loyalty to the seller/landlord by acting in the seller's/landlord's best
interest.
Confidentiality, except that a licensee has a duty to reveal known material
defects about the property.
Making a continuous and good faith effort to find a buyer for the property,
except while the property is subject to an existing agreement.
Disclosure to other parties in the transaction that the licensee has been
engaged as a seller's agent.
A seller's agent may compensate other brokers as subagents if the seller/landlord
agrees in writing. Subagents have the same duties and obligations as the
seller's agent. Seller's agents may also compensate buyer's agents and
transaction licensees who do not have the Same duties and obligations as
seller's agents.
If you enter into a written agreement, the licensees in the real estate
company owe you the additional duties identified above under seller agency.
The exception is designated agency. See the designated agency section in
this notice for more information.
Buyer Agency:
Buyer agency is a relationship where the licensee, upon entering into a
written agreement, works only for the buyer/tenant. Buyer's agents owe
the additional duties of:
Loyalty to the buyer/tenant by acting in the buyer/tenant's best interest.
Confidentiality, except that a licensee is required to disclose known material
defects about the property.
Making a continuous and good faith effort to find a property for the buyer/tenant,
except while the buyer/tenant is subject to an existing contract.
Disclosure to other parties in the transaction that the licensee has been
engaged as a buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the
purchase price, and, even if paid by the seller/landlord, will represent
the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate
company owe you the additional duties identified above under buyer agency.
The exception is designated agency. See the designated agency section in
this notice for more information.
Dual Agency:
Dual agency is a relationship where the licensee acts as the agent for
both the seller/landlord and the buyer/tenant in the same transaction with
the written consent of all parties. Dual agents owe the additional duties
of:
Taking no action that is adverse or detrimental to either party's interest
in the transaction.
Making a continuous and good faith effort to find a buyer for the property
and a property for the buyer, unless either are subject to an existing
contract.
Confidentiality, except that a licensee is required to disclose known material
defects about the property.
Designated Agency:
In designated agency, the employing broker may, with your consent, designate
one or more licensees from the real estate company to represent you. Other
licensees in the company may represent another party and shall not be provided
with any confidential information. The designated agent(s) shall have the
duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have
the additional duties of:
Taking reasonable care to protect any confidential information disclosed
to the licensee.
Taking responsibility to direct and supervise the business activities of
the licensees who represent the seller and buyer while taking no action
that is adverse or detrimental to either party's interest in the transaction.
The designation may take place at the time that the parties enter into
a written agreement, but may occur at a later time. Regardless of when
the designation takes place, the employing broker is responsible for ensuring
that confidential information is not disclosed.
Transaction Licensee:
A transaction licensee is a broker or salesperson who provides communication
or document preparation services or performs other acts for which a license
is required WITHOUT being the agent or advocate for either the seller/landlord
or the buyer/tenant.Upon signing a written agreement or disclosure statement,
a transaction licensee has the additional duty of limited confidentiality
in that the following information may not be disclosed:
The seller/landlord will accept a price less than the asking/listing price.
The buyer/tenant will pay a price greater than the price submitted in a
written offer.
The seller/landlord or buyer/tenant will agree to financing terms other
than those offered.
Other information deemed confidential by the consumer shall not be provided
to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure
statement with the licensee:
The duration of the employment, listing agreement or contract.
The fees or commissions.
The scope of the activities or practices.
The broker's cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property
except in cases where the property is zoned solely or primarily to permit
single-family dwellings.
A Real Estate Recovery Fund exists to reimburse any person who has obtained
a final civil judgment against a Pennsylvania real estate licensee owing
to fraud, misrepresentation or deceit in a real estate transaction and
who has been unable to collect the judgment after exhausting all legal
and equitable remedies. For complete details about the Fund call 717-783-3658.
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Member In Good Standing,Pen Mar Realtors Association, National Association
of Realtors,Maryland Associations of Realtors, Pennsylvania Association
of Realtors,
Realtors Association of York and Adams County, Frederick County Association
of Realtors - MLS MRIS - Metropolitan Regional Information Systems
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Long & Foster Real Estate Incorporated Nicholas L. Johnson Sr. & Pamela K. Johnson - Nick Johnson Group Frederick Office 1700 Kingfisher Drive Suite 6 Frederick, Maryland 21701 MD Broker 240-626-3700 Our MD Direct Line 240-626-3700 Gettysburg Office 430 Baltimore Street Gettysburg, Pennsylvania 17325 PA Broker 717-338-3406 Our PA Direct Line 717-338-3406 Pamela Johnson - Cellular (717)226-4907 Nicholas Johnson - Cellular (717)226-4905 |
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